Tribunal help. — Scope | Disability forum
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Tribunal help.

Jems93
Jems93 Member Posts: 2 Listener
edited September 2019 in PIP, DLA, and AA
Hi everyone, new here, but not to scope. 
After 88 weeks of waiting I had my pip tribunal today, I had a representative but she let me down 2 days before the tribunal. they asked me a few questions then looked over some new mental health I provided which said that I looked after my nephew for a few hours on a certain day to help my brother save on childcare costs. The tribunal panel said they wanted to postpone the hearing so I can find a new rep and discuss the matter with them, as they could take points away from me due to watching my nephew for a little bit. I explained to them that I only did it for a couple of weeks as I thought I could manage, but it turned out that I couldn't so now he goes to nursery. Also my mental health issues mean I struggle to say no to people, even though it causes my physical issues to deteriorate. I am appealing that as I need help to lift pans etc when cooking, use aids to take my meds, need social support. Basically my question is has anyone had anything similar happen? What was the end outcome? I'm worries as I've already been waiting 88 weeks for tribunal date, now have the added time of getting a rep to look over case, advise then tell the court whether I'm proceeding or not. But I'm due for reassessment next year and I'm worried I'll be reassessed before the hearing goes ahead.
Thanks for any replies. 

Comments

  • poppy123456
    poppy123456 Member Posts: 31,122 Disability Gamechanger
    Hi,

    You really can't compare someone else to yourself because we are all different. Someone else's PIP case is most likely totally different to yours.

    As you've been warned that you could lose the award you already have then you do need to get some urgent face to face advice before proceeding any further with the Tribunal. This really isn't something any can give advice on an internet forum.

    This link will tell you what's available in your area. https://advicelocal.uk/ good luck.

  • paffuto10
    paffuto10 Member Posts: 388 Pioneering
    Hiya @Jems93 and welcome  :)

    Could you explain a bit more please? 

    Has anyone told you why you've been waiting 88 weeks? That's nearly 2 years I think?

    And why did you
    tell them you'd been looking after your nephew? 

    How many hours a day were you looking after him and what has that to do with your mental health? 

    Sorry, I'm just trying to understand what's happening. 
  • April2018mom
    April2018mom Posts: 2,872 Connected
    Hello @Jems93
    Why have you waited ages? Can you please tell us a bit more about your caring situation? Next time, do not tell them you are a carer. Apologies for these questions but I cannot formulate a high quality response without enough information. Do you work or not? 
  • worried33
    worried33 Member Posts: 411 Pioneering
    The one thing that stands out is the warning from the tribunal your existing award is now been considered, you definitely need a rep to advise you on this now.

    So I mirror the advice of @poppy123456
  • david235
    david235 Member Posts: 170 Pioneering
    I'm going to endorce what @worried33 and @poppy123456 have said here also.

    The Tribunal members look at the cases they are to hear before the hearing. In some cases they become aware their decision will or might reduce the claimant's entitlement to benefit. As the claimant has the right to discontinue their case and stick with the original decision, the interests of justice require the claimant to be alerted to the risk of their entitlement to benefit being reduced no later than the beginning of the hearing, so that the claimant has a reasonable opportunity to decide whether to go ahead with the tribunal or not. Failure to give this warning when it is relevant is an error of law, which potentially entitles the claimant to have the Tribunal's decision set aside by the Upper Tribunal.


    You have been alerted to the real possibility that the Tribunal will reduce your entitlement to PIP if you go ahead with the hearing, @Jems93 - potentially to nothing. In your case the warning was related to new evidence you handed in at the hearing and you were unrepresented, so the Tribunal had little alternative to giving you the warning and then adjourning to allow you to obtain fresh representation and consider your position.

    It is important you try to get fresh representation and discuss with them the risks and benefits in going ahead with your Tribunal. Nobody here can give you any advice that helps in deciding what to do, as each case is different. The warning about the risk of your entitlement to benefit being reduced was given by the Tribunal panel based on the facts of your specific case - which is information we do not have before us.
  • poppy123456
    poppy123456 Member Posts: 31,122 Disability Gamechanger
    Withholding information from the Tribunal is not a great idea and i wouldn't advise anyone to do this. They will find out, whether you tell them or not.

    Unfortunately, sometimes being a carer can go against you especially if they contradict the reasons for your claim.

    As previously advised, expert advice is needed here otherwise you could lose everything you already have if you continue with the Tribunal.
  • worried33
    worried33 Member Posts: 411 Pioneering
    One should never lie, but the charities I worked for in the past, as well as my friend who has attended a lot of tribunals consistently advise to not volunteer information that hurts your case but of course if you are specifically asked for it then it has to be provided.
  • Jems93
    Jems93 Member Posts: 2 Listener
    Hi everyone, really sorry I probably should have put a bit more detail in, I did have a representative but she let me down literally the day before the tribunal, the wait is because the location of the hearing is the longest in the country I got told. So the evidence I handed in on Wednesday was a letter from a psychiatrist, confirming my aspergers diagnosis, I looked after my nephew for about 3 Thursdays, and my grandma and grandad were always there to help me, this ended when I had a fall on a day I was looking after him, luckily g&g were there. The psychiatrist also said in his letter that I was and do some light tidying (I have to do this because of ritualistic behaviours, if I don't do it then my anxiety goes through the roof, it's literally making sure things are in the right place. I have asked another representative to look over my case and tell me if she thinks it's worth going ahead or not. Personally I think I still have a good case, as I have lots of medical evidence about my joints dislocations etc.
    Thanks for the replies everyone. 

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